Calgary

Aset Magomadova faces new murder trial for strangling daughter

Alberta's highest court says Aset Magomadova must again stand trial for strangling her teenaged daughter.

Calgary woman's lawyer had won a stay of proceedings because she has cancer

Aset Magomadova was convicted of manslaughter in 2010 for killing her troubled daughter in 2007. (Meghan Grant/CBC)

Alberta's highest court says Aset Magomadova must again stand trial for strangling her teenaged daughter.

In a judgment released Thursday, Alberta's Court of Appeal decided a lower court judge erred in saying Magomadova was too ill to face a new trial for murder.

Aset Magomadova enters the court house on a stretcher in 2013. Her lawyer successfully argued she was too sick with cancer to stand trial for second-degree murder, but that decision has been overturned. (Neil Herland/CBC)

The Calgary woman was convicted in 2010 of manslaughter for killing her troubled daughter in 2007.

She received a suspended sentence and was put on probation.

That decision was appealed and another trial was ordered on the charge of second-degree murder.

But Magomadova has cervical cancer and her lawyer successfully argued in 2013 for a stay of proceedings, convincing the court she was too ill to go to trial again.

That stay has now been lifted. 

No new trial date has been set.